Written Answers Monday 4 September 2006

Scottish Executive

Alcohol Misuse

Murdo Fraser (Mid Scotland and Fife) (Con): To ask the Scottish Executive when it will ratify the byelaw prohibiting outdoor drinking in Fintry, as approved by Stirling Council on 16 June 2005.

Cathy Jamieson: The Scottish Executive have confirmed to Stirling Council that they are content with the proposed byelaws. The council will now be able to advertise and make the byelaws which will then be submitted to the Scottish ministers for confirmation.

Alcohol Misuse

Murdo Fraser (Mid Scotland and Fife) (Con): To ask the Scottish Executive why it has not yet ratified the byelaw prohibiting outdoor drinking in Fintry, as approved by Stirling Council on 16 June 2005.

Cathy Jamieson: The proposed byelaws prohibiting outdoor drinking in Fintry were delayed due to on-going discussions between the Scottish Executive and Stirling Council about the drafting of the byelaw. These discussions have now been resolved and the Scottish Executive has informed Stirling Council that they are content with the proposed byelaws.

Antisocial Behaviour

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive whether it will update the table "How the measures are being used" on page 11 of Standing Up to Antisocial Behaviour: First Anniversary Report to provide the most recent data available in respect of the number of times used and locations for the specified antisocial behaviour legal measures.

Hugh Henry: The most recent published information on the use of the legal measures in the Antisocial Behaviour (Scotland) Act 2004 is provided in our Standing Up To Antisocial Behaviour Community Newsletter which can be viewed via the attached link:

  http://www.antisocialbehaviourscotland.com/asb/files/StandinguptoAntisocialbehaviour_Issue2.pdf.

  Further statistics on use of the measures will be published following the second anniversary of act which will be in October.

Asylum Seekers

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive whether it will consider making Education Maintenance Allowance available to children of asylum seekers and to unaccompanied asylum seeker children.

Nicol Stephen: The Scottish Executive has no current plans to extend Education Maintenance Allowance (EMA) support to this group of young people.

Birds

Margaret Jamieson (Kilmarnock and Loudoun) (Lab): To ask the Scottish Executive what guidance it provides to local authorities to combat any problems caused as a consequence of increasing numbers of seagulls.

Rhona Brankin: The Scottish Executive issued copies of their commissioned report entitled Review of Urban Gulls and their Management in Scotland to local authorities during the week beginning 22 May 2006; this was also made available on the Scottish Executive website on 18 May 2006. The report includes advice on standard best practice for local authorities when dealing with urban gulls.

Birds

Margaret Jamieson (Kilmarnock and Loudoun) (Lab): To ask the Scottish Executive whether it records the number of attacks by seagulls on members of the public.

Rhona Brankin: The Scottish Executive does not hold data on seagull attacks. Local authorities may record this information in addressing problems caused by urban gulls. Where the local authorities have provided information on this subject it has been reflected in the commissioned report entitled Review of Urban Gulls and their Management in Scotland which is available on the Scottish Executive website.

Dentistry

Marlyn Glen (North East Scotland) (Lab): To ask the Scottish Executive how many dental students currently attend Dundee Dental School in each undergraduate year.

Nicol Stephen: The number of undergraduate students studying pre-clinical or clinical medicine at the University of Dundee during the academic year 2004-05 (the latest year for which figures are available) are shown in the following table.

  Number of Undergraduate Dentistry Students at Dundee University 2004-05

  

 Year of Study Programme
 Predental Year
 1
 2
 3
 4
 5
 Total


 Number of Students
 25
 75
 65
 55
 60
 50
 330



  Source: Higher Education Statistics Agency; all numbers have been rounded to the nearest five.

Dentistry

Ms Maureen Watt (North East Scotland) (SNP): To ask the Scottish Executive how many NHS dentists there are in each local authority area.

Lewis Macdonald: The following table shows the number of NHS general dental practitioners in Scotland by local authority area at 30 September 2005. Information on the number of NHS general dental practitioners in each local authority area at 31 March 2006 will be published by ISDScotland in September 2006.

  Information on NHS dentists working in the Hospital and Community Dental Services is not available by local authority area.

  

 Local Authority Area1
 Number of NHS General Dental Practitioners2,3


 Aberdeen City
 92


 Aberdeenshire
 64


 Angus
 42


 Argyll and Bute
 39


 Scottish Borders
 34


 Clackmannanshire
 18


 West Dunbartonshire
 37


 Dumfries and Galloway
 41


 Dundee City
 80


 East Ayrshire
 41


 East Dunbartonshire
 67


 East Lothian
 43


 East Renfrewshire
 49


 City of Edinburgh
 255


 Falkirk
 45


 Fife
 150


 Glasgow City
 318


 Highland
 96


 Inverclyde
 33


 Midlothian
 26


 Moray
 27


 North Ayrshire
 54


 North Lanarkshire
 136


 Orkney Islands
 10


 Perth and Kinross
 73


 Renfrewshire
 86


 Shetland Islands
 10


 South Ayrshire
 54


 South Lanarkshire
 125


 Stirling
 44


 West Lothian
 65


 Comhairle nan Eilean Siar
 8


 Scotland
 2,100



  Source: MIDAS (Management Information and Dental Accounting System).

  Notes:

  1. Based on location of dental practice.

  2. Comprises non-salaried and salaried NHS principal general dental practitioners, including joint appointments. Excludes assistants and Vocational Trainees.

  3. An NHS general dental practitioner may enter into more than one arrangement with an NHS board if he/she has more than one practice, or an arrangement with more than one NHS board if he/she practises in more than one NHS board area. As a result, the sum of the number of dentists in each local authority area exceeds the number of dentists practising in Scotland.

Dentistry

Ms Maureen Watt (North East Scotland) (SNP): To ask the Scottish Executive how many NHS dentists there are per head of population in each local authority area.

Lewis Macdonald: The following table shows the number of NHS general dental practitioners per 100,000 population in each local authority area at 30 September 2005. Information on NHS dentists working in Hospital and Community Dental Services is not available by local authority area.

  

 Local Authority Area1
 Number of NHS General Dental Practitioners2,3 per 100,000 Population4


 Aberdeen City
 45.2


 Aberdeenshire
 27.5


 Angus
 38.7


 Argyll and Bute
 42.8


 Scottish Borders
 31.1


 Clackmannanshire
 37.3


 West Dunbartonshire
 40.2


 Dumfries and Galloway
 27.7


 Dundee City
 56.4


 East Ayrshire
 34.2


 East Dunbartonshire
 62.9


 East Lothian
 47.0


 East Renfrewshire
 54.7


 City of Edinburgh
 56.2


 Falkirk
 30.5


 Fife
 42.3


 Glasgow City
 55.0


 Highland
 45.4


 Inverclyde
 40.0


 Midlothian
 32.7


 Moray
 30.8


 North Ayrshire
 39.7


 North Lanarkshire
 42.1


 Orkney Islands
 51.3


 Perth and Kinross
 53.1


 Renfrewshire
 50.4


 Shetland Islands
 45.6


 South Ayrshire
 48.3


 South Lanarkshire
 40.9


 Stirling
 50.9


 West Lothian
 39.9


 Comhairle nan Eilean Siar
 30.5


 Scotland
 41.4



  Sources: MIDAS (Management Information and Dental Accounting System); GROS (General Register Office for Scotland) mid-year 2004 population estimates.

  Notes:

  1. Based on location of dental practice.

  2. Comprises non-salaried and salaried NHS principal general dental practitioners, including joint appointments.

  3. An NHS general dental practitioner may enter into more than one arrangement with an NHS board if he/she has more than one practice, or an arrangement with more than one NHS board if he/she practises in more than one NHS board area. As a result, the sum of the number of dentists in each local authority area exceeds the number of dentists practising in Scotland.

Dentistry

Ms Maureen Watt (North East Scotland) (SNP): To ask the Scottish Executive how many NHS dentists there are in deprived areas in each local authority area.

Lewis Macdonald: The following table shows the number of NHS general dental practitioners in each local authority area, broken down by deprivation category of dental practice. Information on NHS dentists working in the Hospital and Community Dental Services is not available by local authority area.

  Number of NHS General Dental Practitioners1,2 by Deprivation Category of Dental Practice and Local Authority Area3 at 30 September 2005

  

 
 SIMD4


 Local Authority Area
 1
 2
 3
 4
 5


 Aberdeen City
 42
 5
 16
 25
 4


 Aberdeenshire
 33
 21
 8
 5
 4


 Angus
 9
 3
 22
 9
 4


 Argyll and Bute
 2
 8
 20
 13
 3


 Scottish Borders
 2
 10
 24
 -
 -


 Clackmannanshire
 2
 -
 5
 5
 9


 West Dunbartonshire
 -
 -
 9
 19
 9


 Dumfries and Galloway
 2
 10
 20
 9
 11


 Dundee City
 6
 3
 11
 34
 28


 East Ayrshire
 2
 1
 1
 24
 13


 East Dunbartonshire
 31
 6
 6
 27
 1


 East Lothian
 6
 15
 20
 4
 2


 East Renfrewshire
 27
 13
 3
 5
 1


 City of Edinburgh
 124
 53
 37
 30
 21


 Falkirk
 4
 12
 8
 22
 -


 Fife
 21
 70
 42
 22
 11


 Glasgow City
 15
 13
 85
 86
 141


 Highland
 8
 40
 25
 31
 6


 Inverclyde
 2
 2
 14
 9
 7


 Midlothian
 9
 7
 4
 -
 7


 Moray
 6
 4
 15
 2
 -


 North Ayrshire
 2
 4
 4
 23
 26


 North Lanarkshire
 16
 5
 24
 60
 34


 Orkney Islands
 2
 8
 -
 -
 -


 Perth and Kinross
 9
 21
 15
 31
 -


 Renfrewshire
 6
 7
 15
 44
 25


 Shetland Islands
 -
 10
 1
 -
 -


 South Ayrshire
 3
 11
 13
 17
 11


 South Lanarkshire
 12
 23
 44
 27
 22


 Stirling
 17
 18
 5
 5
 -


 West Lothian
 3
 9
 11
 39
 3


 Comhairle nan Eilean Siar
 -
 -
 5
 3
 -


 Scotland
 412
 407
 520
 620
 395



  Source: MIDAS (Management Information and Dental Accounting System).

  Notes:

  1. Comprises non-salaried and salaried NHS principal general dental practitioners, including joint appointments.

  2. An NHS general dental practitioner may enter into more than one arrangement with an NHS board if he/she has more than one practice, or an arrangement with more than one NHS board if he/she practises in more than one NHS board area. As a result, the sum of the number of dentists in each local authority area and each SIMD exceeds the number of dentists practising in Scotland.

  3. Based on location of dental practice.

  4. Scottish Index of Multiple Deprivation (SIMD 2004). one is least deprived, five most deprived.

Dentistry

Ms Maureen Watt (North East Scotland) (SNP): To ask the Scottish Executive how many people are on NHS dental waiting lists in each local authority area.

Lewis Macdonald: This information is not held centrally. The overall responsibility for provision of NHS dental services rests with NHS boards, whom we encourage to maintain lists of patients who wish to have access to NHS primary care dental services.

Dentistry

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive what the average and maximum waiting times are for an appointment for dental treatment in general dental services, other than for routine examinations, broken down by NHS board.

Lewis Macdonald: This information is not held centrally.

Environment

Mr Mark Ruskell (Mid Scotland and Fife) (Green): To ask the Scottish Executive which Scottish sites of special scientific interest do not fall within the scope of the EU Environmental Liability Directive and would not be protected under Scottish implementing regulations unless the scope of the directive is extended.

Ross Finnie: The Environmental Liability Directive is concerned with the prevention and remediation of significant damage to certain protected species and natural habitats in the wider environment.

  Its application is not defined by reference to the boundaries of designated sites, such as Sites of Special Scientific Interest (SSSIs). Certain species and habitats present on such sites will, however, be covered by the implementing regulations.

Environment

Mr Mark Ruskell (Mid Scotland and Fife) (Green): To ask the Scottish Executive when the consultation on the implementation of the EU Environmental Liability Directive will take place in Scotland and whether there will be regional meetings as part of the consultation process.

Ross Finnie: A consultation on the transposition of the EU Environmental Liability Directive will be issued in the autumn of this year. The Scottish Executive will offer meetings with key stakeholders during and after the consultation period and would also be happy to arrange discussions with interested parties on request.

Fisheries

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive which fish farms it considers will be unaffected by the proposed merger of Marine Harvest and Fiord Seafarms with Panfish, also giving their locations and production rates.

Rhona Brankin: The Scottish Executive does not hold this information. The Executive is maintaining contact with Panfish on the proposed merger. It is also working with Highlands and Islands Enterprise to prepare for the different scenarios that could result from the Competition Commission’s consideration of the proposed merger, including divestment proposals.

Health

Mr Stewart Maxwell (West of Scotland) (SNP): To ask the Scottish Executive how many, and what percentage of, patients who have been discharged from hospital have subsequently been readmitted as emergency cases within (a) seven days, (b) 14 days, (c) 21 days and (d) 28 days in each of the last five years, broken down by NHS board.

Mr Andy Kerr: The information requested is given in tables 1 to 8 of Emergency admissions within 7, 14, 21 and 28 days of discharge by NHS Board of Treatment for financial years 2000-01 to 2004-05 a copy of which has been placed in the Scottish Parliament Information Centre (Bib. number 40209).

  Medical and surgical specialty groupings have been presented separately, as the readmission rates can differ quite markedly between these two groups. It should be noted that the rates presented have not been adjusted for case-mix and therefore provide a poor basis for comparing NHS boards.

  Emergency admissions will include cases that are readmissions for complications resulting from the original hospital stay but will also encompass cases completely unrelated to the previous discharge from hospital.

Health

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive how it makes provision for the delivery of health services, including mental health services, to students at further education colleges and higher education institutions.

Lewis Macdonald: It is the responsibility of NHS boards to work together with their local authority and other partners to plan and provide responsive health and social care services that meet the assessed needs of their population, taking account of national and local priorities. We have provided record resources to support this process.

  Students at further education colleges and higher education institutions have unhindered access to all health services, including mental health services, and support in their locality.

Housing

Murray Tosh (West of Scotland) (Con): To ask the Scottish Executive, with reference to the speech by Malcolm Chisholm MSP to Homes for Scotland on 19 May 2006, what mechanisms it is putting in place to monitor the full impact of PAN 74 and assess whether it is delivering an adequate land supply for affordable housing development.

Malcolm Chisholm: We are expanding the range of statistics that are collected by the Scottish Executive Development Department to monitor the impact of PAN 74. In particular, we have begun work to introduce a new data collection from 2007-08 to gauge the contribution of planning agreements to the supply of affordable housing. In the shorter term, the current research into allocation of land for affordable housing through the planning system will provide some information on the early impact of the PAN. The Affordable Housing Working Group which I am chairing is also assessing the effectiveness of the current framework of national policy and advice on affordable housing.

Housing

Murray Tosh (West of Scotland) (Con): To ask the Scottish Executive, with reference to the speech by Malcolm Chisholm MSP to Homes for Scotland on 19 May 2006, what steps it is taking to ensure that local authorities’ development plans contain adequate allocations of land for house building, reasonable estimates of the potential contribution of windfall sites and a more flexible approach to development planning, so that each local authority area has an adequate effective land supply.

Malcolm Chisholm: An adequate supply of land depends upon up-to-date and relevant development plans. One of the foundations of our current proposals to modernise the planning system is that development plans must be reviewed every five years. In doing so, planning authorities should find it easier to meet the requirements currently set out in SPP 3, such as ensuring an effective supply of land is maintained at all times to meet housing requirements for at least the forthcoming five years.

  I recognise that these significant changes will take time to have their full impact, which is why we are also exploring how to make progress without recourse to legislation. The Affordable Housing Working Group that I am chairing is looking precisely at these issues.

Housing

Murray Tosh (West of Scotland) (Con): To ask the Scottish Executive, with reference to the speech by Malcolm Chisholm MSP to the Chartered Institute of Housing Conference on 7 March 2006, when it will publish research into potential planning mechanisms such as a use class for affordable housing to secure an adequate supply in the long term of affordable housing and when it expects to be able to report real progress in making better use of surplus land within the public sector estate for affordable housing.

Malcolm Chisholm: The research into allocation of land for affordable housing through the planning system, which is to include consideration of the potential introduction of a use class for affordable housing, is expected to conclude in September and will inform the progress of the Planning Bill. As with all research commissioned by the Scottish Executive, subject to the report being of an appropriate standard, we would intend to publish in due course after the report has been finalised.

  Real progress has already been made on making better use of surplus public sector land for affordable housing. Our agreement with Forestry Commission Scotland is already assisting the provision of affordable housing in rural areas, with five sites sold in Inchree, Fort Augustus, Glenmore, Ratagan and Bunessan. A further five sales are currently progressing at Salen, Succoth, Dalavich, Strontian and Kilmun. Furthermore, the Executive has made a commitment that surplus sites on the Scottish ministers’ crofting estate will be made available for affordable housing wherever possible. The response to question S2W-23170 in March 2006 set out the full range of on-going action which the Executive is taking to identify further surplus public sector land for affordable housing.

Housing

Mr Stewart Maxwell (West of Scotland) (SNP): To ask the Scottish Executive what action is taken to ensure all property, both rented and privately owned, is properly maintained.

Mr Stewart Maxwell (West of Scotland) (SNP): To ask the Scottish Executive what action is taken to ensure that tenants and home owners are held responsible for the condition of their properties.

Malcolm Chisholm: The owners of privately owned properties are responsible for their maintenance. Where lack of maintenance affects neighbouring properties, the owners of those properties may require maintenance to be carried out, either in terms of title obligations or under common law. Where parts of the premises are held in common with other owners, those owners will be able to enforce the responsibilities specified in the title deeds. Where the deeds are silent or ambiguous about responsibilities, the Tenements (Scotland) Act 2004 defines those responsibilities if the property is in a tenement in terms of the act.

  If lack of maintenance leads to the property falling below the Tolerable Standard or falling into serious disrepair, the local authority may serve an improvement order or repairs notice requiring work to be done, in terms of section 88 or section 108 of the Housing (Scotland) Act 1987. In a Housing Action Area it may serve a notice to similar effect. If the authority serves such an order or notice it must make available grant of 50% of the approved cost of eligible works, or more if the owner’s financial circumstances indicate a higher grant in terms of the standard test. If the owner fails to carry out required works the authority can do the works and recover the cost from the owner.

  When the relevant parts of the Housing (Scotland) Act 2006 come into effect, which is expected to be between mid-2007 and early 2008, improvement orders and repairs notices will be replaced by work notices. Work notices will also be the means of enforcement in Housing Renewal Areas, which will replace Housing Action Areas. Where a notice is served the local authority will require to provide assistance but this will not necessarily be in the form of grant. In addition, local authorities will be able to make a maintenance order where a house has not been, or is unlikely to be, maintained to a reasonable standard. A maintenance order will require the owner to submit and implement a maintenance plan. The authority will be able to impose a plan if necessary. Authorities will be able to carry out works that have not been implemented in terms of a work notice or maintenance plan and recover the cost from the owner.

  The same requirements apply to owners of property that is let to others. A private landlord also has a legal responsibility to the tenant to maintain the house to the repairing standard defined in schedule 10 of the 1987 act, in addition to any maintenance obligations that the landlord may have agreed with the tenant in terms of the lease. It is for the tenant to enforce the landlord’s obligation through the courts.

  From early 2007, the private sector repairing standard will be enhanced in terms of section 13 of the 2006 Act, and a tenant will be able to enforce the standard by application to the Private Rented Housing Panel. If the panel finds that the standard has been breached it will be able to serve a repairing standard enforcement order requiring the landlord to carry out works to comply with the standard. The local authority will also be able to carry out necessary works and recover the cost from the landlord.

  Tenants of local authorities or registered social landlords with a Scottish Secure Tenancy or a Short Scottish Secure Tenancy are able to use the landlord’s formal complaints system and if that does not resolve the matter, to complain to the Scottish Public Services Ombudsman if they feel that the landlord has not complied with the repairing obligations for such landlords contained in schedule 4 of the Housing (Scotland) Act 2001.

  Tenants are held responsible by their landlord for matters that they have agreed should be the tenant’s responsibility in terms of the lease and for breaches of the common law duty to use the house in a proper manner, not to damage it and to repair any damage that occupants or visitors cause.

Housing

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive what the average time is for work to be carried out on homes of older and disabled owner-occupiers under Care and Repair schemes, broken down by local authority area.

Malcolm Chisholm: These data are not collected centrally. However, work is in hand to improve local data and performance management systems, following a review of indicators last year by the Care and Repair Working Group.

Housing

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive whether supply under care and repair schemes is meeting demand for aids and adaptations to homes of older and disabled owner-occupiers.

Malcolm Chisholm: Demand for housing adaptations for older and disabled people, including owner-occupiers, is determined on the basis of the number of people with an assessed need. Assessment is normally carried out by an occupational therapist, on behalf of the local authority.

  Details of the number of clients assisted by Care and Repair projects in Scotland are published annually in Care and Repair in Scotland: National Indicators, copies of which are available from the Scottish Parliament Information Centre (Bib. number 40258).

  However, information on the number of owner-occupiers assessed as requiring some form of housing adaptation is not collected centrally.

Housing

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive what discussions it has had with Her Majesty’s Government regarding possible housing benefit sanctions for people who have been evicted on the grounds of anti-social behaviour who subsequently refuse support to tackle such behaviour.

Malcolm Chisholm: The Scottish Executive discussed the proposal for such a sanction with the UK Government prior to the publication of the Welfare Reform Bill. Those discussions ensured that the Bill was framed so as not to encroach on devolved matters.

Justice

Margaret Mitchell (Central Scotland) (Con): To ask the Scottish Executive how many children have had their stay terminated prematurely from (a) secure units and (b) residential homes in each of the last 10 years, also giving the reasons for the premature termination.

Cathy Jamieson: This information is not gathered centrally.

Justice

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what average hourly rate for the services of (a) partners, (b) qualified solicitors and (c) unqualified solicitors was paid to agents representing those accused in the Lockerbie trial.

Cathy Jamieson: No public monies were paid to agents representing those accused in the Lockerbie trial. The fees would have been a matter between agent and client and this information is not held by the Scottish Executive.

Justice

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive what the total cost of supervision of sex offenders has been, including the associated cost of police and council services and housing costs, in each year since 1999, broken down by police force area.

Cathy Jamieson: Supervision of offenders is a function of local authorities. The information held centrally relates only to funding allocations to authorities for the supervision of offenders in general and not separately for the supervision of sex offenders.

National Health Service

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive what arrangements are in place for the delivery of paediatric care in each NHS board area of the Highlands and Islands.

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive what arrangements are in place for out-of-hours cover for paediatric services in each NHS board area of the Highlands and Islands.

Lewis Macdonald: This information is contained in the forthcoming report The Remote and Rural Paediatric Project . This report will be published in autumn 2006.

Planning

Campbell Martin (West of Scotland) (Ind): To ask the Scottish Executive whom it has consulted in relation to proposals to develop a wind farm at Corlic Hill/Devol Moor, Greenock; what the timescale is for the relevant minister to announce a decision on these proposals; whether a ministerial decision has been delayed for any reason and, if so, why, and what the Executive’s position is regarding a minimum separation distance between the edge of communities and the site of major wind farm developments.

Allan Wilson: In addition to the statutory consultees, Inverclyde Council, SNH and SEPA, we also consulted Argyle and Bute Council ,  Clyde Muirshiel Regional Park Authority, CAA, Defence Communications Services Agency (DCSA), BAA Glasgow Airport, Prestwick Airport, NATS, Defence Estates, Health and Safety Executive, DTI, Historic Scotland, BT, OFGEM, Association of Salmon Fisheries Boards, Royal Fine Art Commission, Crown Estates, Port Glasgow Angling Club, the Dunrod Angling Association and RSPB.

  There is no timescale set for Scottish ministers to make a decision on an application. Ministers are however required by legislation to be satisfied they have considered all relevant factors before taking their decision.

  As part of their consideration of an application, ministers consult the relevant planning authority regarding potential impacts on the local area and community. The Council’s response will be made in accordance with the National Planning Policy Guidelines (NPPG 6). Under existing National Planning Policy Guideline 6, the Executive does not set minimum separation distances between wind farms and local communities. However this guidance is currently under review as part of the Scottish Planning Policy 6 consultation process where the current draft indicates that "as a general rule, the Scottish Ministers would support a separation distance of between 0.5 and 1.5km, between the edge of a town or village and a major wind farm development".

Prescription Charges

Mr Bruce McFee (West of Scotland) (SNP): To ask the Scottish Executive when it expects to receive a report of the focus groups set up following the consultation on the review of NHS prescription charges and exemption arrangements, which closed on 30 April 2006.

Lewis Macdonald: The report on the outcome of the focus group discussions will form part of a wider report on the earlier written consultation. This will be submitted to the Scottish Executive during this month, together with a report on an independently conducted survey to gauge public attitudes and awareness about the NHS charge and exemption regime.

UK Biodiversity Action Plan

Mr Mark Ruskell (Mid Scotland and Fife) (Green): To ask the Scottish Executive which species under the UK Biodiversity Action Plan which are found in Scotland do not fall within the scope of the EU Environmental Liability Directive and would not be protected under Scottish implementing regulations unless the scope of the directive is extended.

Ross Finnie: The protection and enhancement of priority species and habitats in Scotland is delivered through a range of mechanisms, including the UK Biodiversity Action Plan (UKBAP), the Scottish Biodiversity Strategy and the designated sites network.

  Under the UK BAP 226 Species Action Plans (SAPs) covering 278 species have been drawn up for Scotland. Each SAP sets out a series of actions to promote and enhance the species, or group of species, to which it relates, and identifies a lead partner(s) with responsibility for their implementation.

  Separately the Environmental Liability Directive (ELD) is concerned with the prevention and remediation of significant damage to certain protected species and habitats. The list of species which fall within the scope of the ELD and must be included is defined in Article 2(3) of that Directive. This comprises species in Article 4(2) or Annex I of the Birds Directive and species on Annexes II & IV of the Habitats Directive. Member states also have the option to include additional species for which nationally protective regimes exist.

  I intend to consult on the Scottish Implementing Regulations for ELD shortly and in view of this am unable to comment on which species will or will not be protected under ELD, beyond those which must be included.

  A full list of the 278 Scottish UKBAP species is provided (Source: SNH). A list of 45 Scottish UKBAP species which have European designations which fall within the scope of ELD is also provided (Source: JNCC/SNH).

  Scottish UKBAP Species as Determined by SNH

  

 Acrobolbus wilsonii
 Wilson’s pouchwort


 Adelanthus lindenbergianus
 Lindenberg’s featherwort


 Alauda arvensis
 skylark


 Alectoria ochroleuca
 a Lichen


 Alosa alosa
 allis shad


 Alosa fallax
 twaite shad


 Amphianthus dohrnii
 sea-fan anemone


 Andreaea frigida
 icy rock moss


 Andrena gravida
 banded mining bee


 Arabis glabra
 tower mustard


 Argentina silus
 greater silver smelt


 Aricia artaxerxes
 northern brown argus


 Artemisia norvegica
 Nowegian mugwort


 Arthothelium dictyosporum
 a lichen


 Arthothelium macounii
 a lichen


 Arvicola terrestris
 water vole


 Ascophyllum nodosum mackii
 knotted wrack


 Athyrium flexile
 Newman’s lady fern


 Atrichum angustatum
 lesser smoothcap


 Atrina fragilis
 fan mussel


 Austropotamobius pallipes
 freshwater white-clawed crayfish


 Bacidia incompta
 a lichen


 Balaenoptera acutorostrata
 minke whale


 Balaenoptera borealis
 sei whale


 Balaenoptera musculus
 blue whale


 Balaenoptera physalus
 fin whale


 Bankera fuligineoalba
 a tooth fungus


 Bartramia stricta
 rigid apple moss


 Bellemerea alpina
 a lichen


 Bembidion testaceum
 a ground beetle


 Biatoridium monasteriense
 a lichen


 Bidessus minutissimus
 a water beetle


 Blera fallax
 a hoverfly


 Boletopsis leucomelaena
 poroid fungus


 Boloria euphrosyne
 pearl-bordered fritillary


 Bombus distinguendus
 great yellow bumblebee


 Brachyptera putata
 a stonefly


 Brosme brosme
 tusk


 Bryoerythrophyllum caledonicum
 Scottish beard-moss


 Bryoria smithii
 a lichen


 Bryum calophyllum
 matted bryum


 Bryum neodamense
 long-leaved threadmoss


 Bryum turbinatum
 pear-fruited bryum


 Bryum uliginosum
 cernuous bryum


 Bryum warneum
 sea bryum


 Bufo calamita
 natterjack toad


 Buxbaumia viridis
 green shield-moss


 Calamagrostis scotica
 Scottish small-reed


 Caloplaca aractina
 a lichen


 Caloplaca luteoalba
 orange-fruited elm-lichen


 Caloplaca nivalis
 snow caloplaca


 Campylopus setifolius
 silky swan-neck moss


 Caprimulgus europaeus
 nightjar


 Carduelis cannabina
 linnet


 Caretta caretta
 loggerhead turtle


 Carex muricata ssp. Muricata
 prickly sedge


 Carterocephalus palaemon
 chequered skipper


 Catapyrenium psoromoides
 tree catapyrenium


 Centaurea cyanus
 cornflower


 Cerastium nigrescens
 Shetland mouse-ear


 Cetorhinus maximus
 basking shark


 Ceutorhynchus insularis
 a weevil


 Chara baltica
 Baltic stonewort


 Chara canescens
 bearded stonewort


 Chara curta
 lesser bearded stonewort


 Chara muscosa
 mossy stonewort


 Chelonia mydas
 green turtle


 Chrysura hirsuta
 a ruby-tailed wasp


 Cladonia botrytes
 stump lichen


 Cladonia peziziformis
 a lichen


 Clubiona subsultans
 a spider


 Clupea harengus
 herring


 Cochlearia micacea
 mountain scurvy-grass


 Cochlearia scotica
 Scottish scurvygrass


 Collema dichotomum
 river jelly lichen


 Colletes floralis
 the northern colletes


 Coregonus albula
 vendace


 Coryphaenoides rupestris
 roundnose grenadier


 Crex crex
 corncrake


 Cryptocephalus decemmaculatus
 10 spotted pot beetle


 Cryptocephalus primarius
 a leaf beetle


 Cryptocephalus sexpunctatus
 6 spotted pot beetle


 Delphinus delphis
 common dolphin


 Dermochelys coriacea
 leatherback turtle


 Dianthus armeria
 Deptford pink


 Didymodon mamillosus
 Perthshire beard-moss


 Ditrichum plumbicola
 lead-moss


 Donacia aquatica
 a reed beetle


 Doros profuges
 a hoverfly


 Dorycera graminum
 a picture winged fly


 Dromius quadrisignatus
 a ground beetle


 Dyschirius angustatus
 a ground beetle


 Emberiza schoeniclus
 reed bunting


 Epione parallelaria
 dark-bordered beauty


 Epipactis youngiana
 Young’s helleborine


 Eubalaena glacialis
 northern right whale


 Euphrasia campbelliae
 an eyebright


 Euphrasia heslop-harrisonii
 an eyebright


 Euphrasia rotundifolia
 an eyebright


 Eurodryas aurinia
 marsh fritillary


 Filago pyramidata
 broad-leaved cudweed


 Formica aquilonia
 Scottish wood ant


 Formica exsecta
 narrow-headed ant


 Formica lugubris
 hairy wood ant (northern)


 Formicoxenus nitidulus
 shining guest ant


 Fumaria purpurea
 purple ramping-fumitory


 Funiculina quadrangularis
 tall sea pen


 Gadus morhua
 cod


 Galeopsis angustifolia
 red hemp-nettle


 Galium tricornutum
 corn cleavers


 Gentianella uliginosa
 dune gentian


 Globicephala melas
 long-finned pilot whale


 Grampus griseus
 Risso’s dolphin


 Gryllotalpa gryllotalpa
 mole cricket


 Gyalecta ulmi
 elm gyalecta


 Gyalideopsis scotica
 a lichen


 Halecania rhypodiza
 a lichen


 Hamatocaulis vernicosus
 slender green feather-moss


 Hammerschmidtia ferruginea
 a hoverfly


 Hemaris tityus
 narrow-bordered bee hawk-moth


 Herbertus borealis
 northern prongwort


 Hieracium attenuatifolium
 Shetland hawkweeds


 Hieracium northroense
 Shetland hawkweeds


 Hieracium zetlandicum
 Shetland hawkweeds


 Hirudo medicinalis
 medicinal leech


 Hoplostethus atlanticus
 orange roughy


 Hydnellum aurantiacum
 orange corky spine fungus


 Hydnellum caeruleum
 blue corky spine fungus


 Hydnellum concrescens
 concrescent corky spine fungus


 Hydnellum ferrugineum
 reddish-brown corky spine fungus


 Hydnellum peckii
 brown corky spine fungus


 Hydnellum scrobiculatum
 pitted corky spine fungus


 Hydnellum spongiosipes
 a corky spine fungus


 Hydrelia sylvata
 waved carpet


 Hydroporus rufifrons
 a diving beetle


 Hygrocybe calyptriformis
 pink meadow waxcap


 Hygrocybe spadicea
 date-coloured waxcap


 Hyperoodon ampullatus
 northern bottlenose whale


 Hypocreopsis rhododendri
 ascomyte fungus


 Hypogymnia intestiniformis
 a lichen


 Jamesoniella undulifolia
 marsh earwort


 Juniperus communis
 juniper


 Jynx torquilla
 wryneck


 Lacerta agilis
 sand lizard


 Lagenorhynchus acutus
 Atlantic white-sided dolphin


 Lagenorhynchus albirostris
 white-beaked dolphin


 Lamprothamnium papulosum
 foxtail stonewort


 Lanius collurio
 red-backed shrike


 Lejeunea mandonii
 Atlantic lejeunea


 Lepidochelys kempii
 Kemp’s ridley turtle


 Lepus europaeus
 brown hare


 Limonium binervosum agg.
 sea lavender


 Linnaea borealis
 twinflower


 Lipsothrix ecucullata
 a cranefly


 Lipsothrix errans
 a cranefly


 Lipsothrix nervosa
 a cranefly


 Lophius piscatorius
 sea monkfish


 Loxia scotica
 Scottish crossbill


 Luronium natans
 floating water plantain


 Lutra lutra
 European otter


 Lycopodiella inundata
 marsh clubmoss


 Margaritifera margaritifera
 freshwater pearl mussel


 Marsupella stableri
 Stabler’s rustwort


 Megaptera novaeangliea
 humpback whale


 Melampyrum sylvaticum
 small cow-wheat


 Melanapion minimum
 a weevil


 Melanitta nigra
 common scoter


 Mentha pulegium
 pennyroyal


 Meotica anglica
 a beetle


 Merlangius merlangus
 whiting


 Merluccius merluccius
 a hake


 Mesoplodon bidens
 Sowerby’s beaked whale


 Mesoplodon mirus
 True’s beaked whale


 Microglossum olivaceum
 earth-tongue


 Micromesistius poutassou
 blue whiting


 Miliaria calandra
 corn bunting


 Molva dypterygia
 blue ling


 Molva molva
 ling


 Muscicapa striata
 spotted flycatcher


 Najas flexilis
 slender naiad


 Nitella gracilis
 slender stonewort


 Noctua orbona
 lunar yellow underwing


 Nomada ferruginata
 a cuckoo bee


 Opegrapha paraxanthodes
 a lichen


 Orcinus orca
 killer whale


 Orthodontium gracile
 slender thread-moss


 Orthotrichum gymnostomum
 aspen bristle-moss


 Orthotrichum obtusifolium
 blunt-leaved bristle-moss


 Orthotrichum pallens
 pale bristle-moss


 Orthotrichum sprucei
 Spruce’s bristle-moss


 Osmia inermis
 a mason bee


 Osmia parietina
 a mason bee


 Osmia uncinata
 a mason bee


 Ostrea edulis
 native oyster


 Paradiarsia sobrina
 cousin German


 Passer montanus
 tree sparrow


 Peltigera lepidophora
 ear-lobed dog-lichen


 Perdix perdix
 grey partridge


 Perileptus areolatus
 a ground beetle


 Pertusaria bryontha
 alpine moss pertusaria


 Petalophyllum ralfsii
 petalwort


 Phalaropus lobatus
 red-necked phalarope


 Phellodon confluens
 strongly scented pine fungus


 Phellodon melaleucus
 black and white scented pine fungus


 Phellodon tomentosus
 goblet scented pine fungus


 Phocoena phocoena
 harbour porpoise


 Physeter macrocephalus
 sperm whale


 Pictus scoticus
 pict-moss


 Pilularia globulifera
 pillwort


 Pipistrellus pipistrellus
 pipistrelle bat


 Plagiothecium piliferum
 hair silk-moss


 Plebejus argus
 silver-studded blue


 Pleuronectes platessa
 plaice


 Pohlia scotica
 Scottish pohlia


 Pollachius virens
 saithe


 Potamogeton compressus
 grass-wrack pondweed


 Potamogeton rutilus
 Shetland pondweed


 Procas granulicollis
 a weevil


 Protapion ryei
 a weevil


 Pseudocyphellaria norvegica
 a lichen


 Pyrrhula pyrrhula
 bullfinch


 Raja batis
 common skate


 Reinhardtius hippoglossoides
 Greenland halibut


 Rhabdomastix laeta
 a cranefly


 Rheumaptera hastata
 argent and sable


 Rhynchaenus testaceus
 ajumping weevil


 Riccia huebeneriana
 violet crystalwort


 Salix lanata
 woolly willow


 Sarcodon glaucopus
 green footed spiny-cap fungus


 Sarcodon imbricatus
 scaly tooth


 Sarcodon scabrosus
 bitter spiny cap fungus


 Saxifraga hirculus
 yellow marsh saxifrage


 Scandix pecten-veneris
 shepherd’s needle


 Schismatomma graphidioides
 a Lichen


 Sciurus vulgaris
 red squirrel


 Scomber scrombrus
 mackerel


 Seligeria carniolica
 water rock-bristle


 Semiothisa carbonaria
 netted mountain moth


 Silene gallica
 small-flowered catchfly


 Sium latifolium
 greater water parsnip


 Solea vulgaris
 sole


 Sphagnum balticum
 Baltic bog-moss


 Sphagnum skyense
 Skye bog-moss


 Spiranthes romanzoffiana
 Irish lady’s-tresses


 Spiriverpa lunulata
 a stiletto fly


 Stenella coeruleoalba
 striped dolphin


 Sterna dougallii
 roseate tern


 Streptopelia turtur
 turtle dove


 Styela gelatinosa
 sea squirt


 Tenella adspersa
 lagoon sea slug


 Tetrao tetrix
 black grouse


 Tetrao urogallus
 capercaillie


 Thelenella modesta
 warty wax-lichen


 Thinobius newberyi
 a rove beetle


 Thyasira gouldi
 northern hatchet-shell


 Tipula serrulifera
 a cranefly


 Tolypella nidifica
 bird’s nest stonewort


 Torilis arvensis
 spreading hedge parsley


 Trichomanes speciosum
 Killarney fern


 Trichopteryx polycommata
 barred toothed-striped


 Triops cancriformis
 tadpole shrimp


 Triturus cristatus
 great crested newt


 Tulostoma niveum
 stalked puffball


 Turdus philomelos
 song thrush


 Tursiops truncatus
 bottlenosed dolphin


 Valerianella rimosa
 broad-fruited corn salad


 Vertigo angustior
 narrow-mouthed whorl snail


 Vertigo genesii
 round-mouthed whorl snail


 Vertigo geyeri
 Geyer’s whorl snail


 Weissia rostellata
 beaked beardless-moss


 Weissia squarrosa
 spreading-leaved beardless-moss


 Woodsia ilvensis
 oblong woodsia


 Xestia alpicola alpina
 northern dart


 Xestia rhomboidea
 square-spotted clay


 Xylena exsoleta
 sword-grass


 Ziphius cavirostris
 Cuvier’s beaked whale


 Zygaena loti scotica
 slender Scotch burnet


 Zygaena viciae argyllensis
 New Forest burnet



  Scottish UKBAP Species automatically covered by EULD

  

 Alosa alosa
 allis shad


 Alosa fallax
 twaite shad


 Austropotamobius pallipes
 freshwater white-clawed crayfish


 Balaenoptera acutorostrata
 minke whale


 Balaenoptera borealis
 sei whale


 Balaenoptera musculus
 blue whale


 Balaenoptera physalus
 fin whale


 Bufo calamita
 natterjack toad


 Buxbaumia viridis
 green shield-moss


 Caprimulgus europaeus
 nightjar


 Caretta caretta
 loggerhead turtle


 Chelonia mydas
 green turtle


 Crex crex
 corncrake


 Delphinus delphis
 common dolphin


 Dermochelys coriacea
 leatherback turtle


 Grampus griseus
 Risso’s dolphin


 Hyperoodon ampullatus
 northern bottlenose whale


 Lacerta agilis
 sand lizard


 Lagenorhynchus acutus
 Atlantic white-sided dolphin


 Lagenorhynchus albirostris
 white-beaked dolphin


 Lanius collurio
 red-backed shrike


 Lepidochelys kempii
 Kemp’s ridley turtle


 Loxia scotica
 Scottish crossbill


 Luronium natans
 floating water plantain


 Lutra lutra
 European otter


 Margaritifera margaritifera
 freshwater pearl mussel


 Melanitta nigra
 Common Scoter


 Mesoplodon bidens
 Sowerby’s beaked whale


 Mesoplodon mirus
 True’s beaked whale


 Najas flexilis
 slender naiad


 Orcinus orca
 killer whale


 Phalaropus lobatus
 red-necked phalarope


 Phocoena phocoena
 harbour porpoise


 Pipistrellus pipistrellus
 pipistrelle bat


 Saxifraga hirculus
 yellow marsh saxifrage


 Stenella coeruleoalba
 striped dolphin


 Sterna dougallii
 roseate tern


 Tetrao urogallus
 capercaillie


 Trichomanes speciosum
 Killarney fern


 Triturus cristatus
 great crested newt


 Tursiops truncatus
 bottlenosed dolphin


 Vertigo angustior
 narrow-mouthed whorl snail


 Vertigo genesii
 round-mouthed whorl snail


 Vertigo geyeri
 Geyer’s whorl snail


 Ziphius cavirostris
 Cuvier’s beaked whale

Scottish Parliamentary Corporate Body

Parliament Building

Mr Brian Monteith (Mid Scotland and Fife) (Independent): To ask the Scottish Parliamentary Corporate Body what total costs it incurred on all building repair and maintenance, including window cleaning and gardening, for all buildings used by the Parliament in each financial year since it was established.

Kenny MacAskill: Annual expenditure on building repair and maintenance, window cleaning and landscaping since 1999 is as follows:

  1999-2000 - £500,045

  2000-01 - £401,840

  2001-02 - £424,692

  2002-03 - £386,093

  2003-04 - £352,370

  2004-05 - £1,006,574

  2005-06 - £749,011.

  Costs for 2004-05 include both the interim accommodation and Holyrood, as double running costs were incurred over the migration and disposal period. We leased accommodation at St Andrew Square from 2000-01 until 2004-05 and at the Tun from 2002-03 to 2004-05. Building repair, maintenance and window cleaning costs were included in the rent for these two properties.

Parliament Building

Mr Brian Monteith (Mid Scotland and Fife) (Independent): To ask the Scottish Parliamentary Corporate Body what window cleaning costs it incurred for all buildings used by the Parliament in each financial year since it was established.

Kenny MacAskill: During occupation of City of Edinburgh Council properties and the Church of Scotland, window cleaning costs were part of the overall maintenance costs associated with the buildings and it is not possible to separate them. Window cleaning costs at St Andrew Square and the Tun were part of the rent and service charge respectively. Since moving to Holyrood, we have incurred £22,147 in 2004-05 and £35,304 in 2005-06.

Parliament Building

Mr Brian Monteith (Mid Scotland and Fife) (Independent): To ask the Scottish Parliamentary Corporate Body what ground maintenance costs, including the costs of maintaining water features, it incurred for all buildings used by the Parliament in each financial year since it was established.

Kenny MacAskill: No ground maintenance costs were incurred until the Parliament moved to Holyrood. There were no costs in 2004-05, as the first year’s maintenance was included in the Trade Package contract for landscaping. Costs in 2005-06 for planned and reactive grounds maintenance were £38,815. The maintenance of the water features is part of the overall mechanical and electrical contract for the building and it is not possible to provide separate costs.